Mary Holste was diagnosed with malignant mesothelioma that she blames on exposure to asbestos carried home on her husband’s work clothing. Among the companies she named as defendants in her personal injury lawsuit was The Boeing Company, the successor in interest to Kenneth Holste’s employer, Hughes Helicopters. Boeing removed the case to federal jurisdiction based on a reference to Mr. Holste’s work on parts for the military on guns mounted on helicopters, but the victim successfully returned the case to her local court.
Boeing Company Named in Mesothelioma Lawsuit
Mrs. Holste’s mesothelioma filing named multiple defendants, including Johnson & Johnson baby powder and take-home exposure from her husband’s work, and that latter claim included an employer premises liability claim against The Boeing Company for failing to “maintain, manage, inspect, survey, or control said premises or to abate or correct, or to warn” of the existence of “dangerous conditions and hazards.”
As part of the mesothelioma lawsuit process, Mrs. Holste filed discovery responses that indicated that Mr. Holste had been exposed to asbestos from helicopter parts, and specifically that he had “made small parts for the military on guns that they mounted on the helicopters” at Hughes Helicopter. In response, Boeing removed the action to federal court based on the federal officer removal statute that applies when a company is following government orders for their product.
Mesothelioma Victim’s Waiver of Military Equipment Liability Defeats Federal Officer Statute
In response to Boeing’s claim, the mesothelioma victim filed a Notice of Waiver that indicated that they had not sought liability against Boeing related to military equipment and that they had no plan to do so. They clarified that their complaint against the company was restricted to “asbestos exposures sustained from civilian products and equipment at civilian work sites.”
In reviewing both parties’ arguments, the Honorable Josephine L. Staton, United States District Judge of the Central District of California, agreed with the mesothelioma victim that there were no grounds for the federal removal being introduced and that the case should be remanded to state court. She noted that it will be up to the victim to overcome the difficulty of proving liability through exposure to non-government equipment.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
